Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 62 For more on what constitutes personal information, see the Guide to LA FOIP, Chapter 6: “Protection of Privacy” for a detailed breakdown of subsections 23(1)(a) through (k) of LA FOIP. 2. Does the personal information relate to the individual To relate to means connected in some way; having relationship to or with something else.163 Relating to should be given a plain but expansive meaning.164 The phrase should be read in its grammatical and ordinary sense. There is no need to incorporate complex requirements (such as “substantial connection”) for its application, which would be inconsistent with the plain unambiguous meaning of the words of the statute.165 “To whom the information relates” requires some connection between the individual and the personal information in the record.166 Generally, the information at issue would be the personal information of the individual for it to relate to them under Part IV of LA FOIP. 3. Would disclosure clearly benefit the individual Clear means free from doubt; sure; unambiguous.167 Benefit means a favourable or helpful factor or circumstance; advantage, profit.168 Local authorities should be careful not to disclose more personal information than is necessary for the purpose (i.e., abide by the data minimization principle, see the Guide to LA FOIP, Chapter 6: “Protection of Privacy” for more information). 163 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1541. 164 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32]. 165 Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [45]. This case dealt specifically with an appeal regarding Ontario’s FOIP legislation. 166 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [43]. 167 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 317. 168 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.
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